In March 2021 President Biden signed the Federal American Rescue Plan (ARP) Act, Public Law 117-2, into law. The ARP Act provides an additional $122 billion in Elementary and Secondary School Emergency Relief (ARP ESSER) to states and school districts to help safely reopen, sustain the safe operation of schools, and address the impacts of the COVID-19 pandemic on the nation’s students. As with the previous ESSER funds available under the Coronavirus Aid, Relief and Economic Security (CARES) Act, and the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSA), the purpose of the additional funding is to support local educational agencies (LEAs) in preparing for and responding to the impacts of COVID-19 on educators, students, and families.
Section 2001(i)(1) of the ARP Act requires each LEA that receives ARP ESSER funds to develop and make publicly available on the LEA’s website, no later than 30 days after receiving ARP ESSER funds, a plan for the safe return to in-person instruction and continuity of services for all schools (Safe Return Plan). A Safe Return Plan is required of all fund recipients, including those that have already returned to in-person instruction. Section 2001(i)(2) of the ARP Act further requires that the LEA seek public comment on the Safe Return Plan and take those comments into account in the finalization of the Safe Return Plan. Under the interim final requirements published in Volume 86, No. 76 of the Federal Register by the U.S. Department of Education (USDE), an LEA must periodically, but no less frequently than every six months through September 30, 2023, review and, as appropriate, revise its Safe Return Plan.